Case Details

Peteris Pildegovics and SIA North Star v. Kingdom of Norway (ICSID Case No. ARB/20/11)

Subject of Dispute:

Food products enterprise
Economic Sector:

Agriculture, Fishing & Forestry
Instrument(s) Invoked:

BIT Norway - Latvia 1992
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Peteris Pildegovics (Latvian), SIA North Star (Latvian)
Respondent(s):

Kingdom of Norway (Norwegian)
Date Registered:

April 1, 2020
Date of Constitution of Tribunal:

August 10, 2020

Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by Co-Arbitrators
Arbitrators:

L. Yves FORTIER (Canadian) - Appointed by the Claimant(s)
Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Savoie Arbitration SELASU, Paris, France
Alina Miron, Paris, France
Mads Andenas, London, U.K.
Eirik Bjorge, London, U.K. and New York, NY, U.S.A.
Respondent(s):

Ministry of Foreign Affairs, Oslo, Norway
Vaughan Lowe, London, U.K.
Alain Pellet, Paris, France
Mubarak Waseem, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 22, 2023 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

February 27, 2024
Date of Constitution of ad hoc Committee:

April 8, 2024

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Lucinda A. LOW (U.S.)
Members:

Andrea K. BJORKLUND (U.S.)
Maxi SCHERER (German)

Party Representatives

Claimant(s):

Savoie Arbitration S.E.L.A.S.U., Paris, France
Mads Andenas, London, U.K.
Respondent(s):

Ministry of Foreign Affairs, Oslo, Norway
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

November 19, 2024 - Peteris Pildegovics and SIA North Star file observations on the Kingdom of Norway’s request for security for costs.

(a) Original Proceeding

Published Decisions

Request for Arbitration

Procedural Order No. 1

Decision on Bifurcation and other Matters

Procedural Order No. 2

Claimants’ Memorial

Respondent’s Request for Bifurcation

Claimants’ Observations on Respondent’s Application for Bifurcation

Procedural Order No. 3

Procedural Order No. 4

Respondent's Counter-Memorial and Memorial on Jurisdiction

Procedural Order No. 5

Procedural Order No, 6

Claimants' Reply to Respondent's Counter Memorial on the Merits and Counter-Memorial on Jurisdiction

Procedural Order No. 8

Procedural Order No. 9

Award of the Tribunal

Available on the ICSID Website

Request for Arbitration (March 18, 2020) English (Original)

Procedural Order No. 1 (October 12, 2020) English (Original)

Decision on Bifurcation and other Matters (October 12, 2020) English (Original)

Procedural Order No. 2 (December 21, 2020) English (Original)

Claimants’ Memorial (March 11, 2021) English (Original)

Respondent’s Request for Bifurcation (April 8, 2021) English (Original)

Claimants’ Observations on Respondent’s Application for Bifurcation (May 6, 2021) English (Original)

Procedural Order No. 3 (June 1, 2021) English (Original)

Procedural Order No. 4 (June 30, 2021) English (Original)

Respondent's Counter-Memorial and Memorial on Jurisdiction (October 29, 2021) English (Original)

Procedural Order No. 5 (December 6, 2021) English (Original)

Procedural Order No, 6 (December 22, 2021) English (Original)

Claimants' Reply to Respondent's Counter Memorial on the Merits and Counter-Memorial on Jurisdiction (February 28, 2022) English (Original)

Procedural Order No. 8 (October 26, 2022) English (Original)

Procedural Order No. 9 (February 23, 2023) English (Original)

Award of the Tribunal (December 22, 2023) English (Original)

(b) Annulment Proceeding

Published Decisions

Peteris Pildegovics and SIA North Star’s Application for Annulment 2

Peteris Pildegovics and SIA North Star’s Request for Continuation of Stay of Enforcement

Norway’s Observations on Continuation of Stay of Stay of Enforcement

Peteris Pildegovics and SIA North Star’s Response on Continuation of Stay of Enforcement

Norway’s Further Observations on Continuation of Stay of Enforcement

Decision on Stay of Enforcement

Procedural Order No. 1

Available on the ICSID Website

Peteris Pildegovics and SIA North Star’s Application for Annulment 2 (February 22, 2024) English (Original)

Peteris Pildegovics and SIA North Star’s Request for Continuation of Stay of Enforcement (April 10, 2024) English (Original)

Norway’s Observations on Continuation of Stay of Stay of Enforcement (April 19, 2024) English (Original)

Peteris Pildegovics and SIA North Star’s Response on Continuation of Stay of Enforcement (April 26, 2024) English (Original)

Norway’s Further Observations on Continuation of Stay of Enforcement (May 1, 2024) English (Original)

Decision on Stay of Enforcement (November 7, 2024) English (Original)

Procedural Order No. 1 (November 8, 2024) English (Original)

Parties' Submissions

(a) Original Proceeding

Date	Development
April 1, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
June 22, 2020	Following appointment by the Claimants, L. Yves Fortier (Canadian) accepts his appointment as arbitrator.
June 22, 2020	Following appointment by the Respondent, Donald M. McRae (Canadian/New Zealand) accepts his appointment as arbitrator.
August 8, 2020	Following appointment by the co-arbitrators, Christopher Greenwood (British) accepts his appointment as presiding arbitrator.
August 10, 2020	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Christopher Greenwood (British), President, appointed by his co-arbitrators; L. Yves Fortier (Canadian), appointed by the Claimants; and Donald M. McRae (Canadian/New Zealand), appointed by the Respondent.
September 28, 2020	The Tribunal holds a first session by video conference.
October 12, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 12, 2020	The Tribunal issues a decision concerning bifurcation and other procedural matters.
December 21, 2020	The Tribunal issues Procedural Order No.2 concerning publication of the Request for Arbitration.
March 12, 2021	The Claimants file a memorial on the merits.
April 8, 2021	The Respondent files a request to address quantum in a separate phase of the proceeding.
May 6, 2021	The Claimants file observations on the request to address quantum in a separate phase of the proceeding.
June 1, 2021	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address quantum in a separate phase of the proceeding.
June 30, 2021	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar and confidentiality of documents.
October 29, 2021	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
October 29, 2021	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
December 6, 2021	The Tribunal issues Procedural Order No. 5 concerning the Respondent’s request to address quantum in a separate phase of the proceeding.
December 22, 2021	The Tribunal issues Procedural Order No. 6 concerning production of documents.
February 28, 2022	The Claimants file a counter-memorial on jurisdiction and a reply on the merits.
May 11, 2022	The parties file a request for the Tribunal to decide on confidentiality of a document.
June 10, 2022	Each party files observations on the parties’ request of May 11, 2022.
June 27, 2022	The Tribunal issues Procedural Order No. 7 concerning the confidentiality of a document.
June 30, 2022	The Respondent files a reply on jurisdiction and a rejoinder on the merits.
July 28, 2022	The Claimants file a rejoinder on jurisdiction.
August 29, 2022	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
October 26, 2022	The Tribunal issues Procedural Order No. 8 concerning the hearing.
October 31, 2022 - November 4, 2022	The Tribunal holds a hearing on jurisdiction and the merits in London.
December 2, 2022	Each party files a statement of costs.
January 31, 2023	The Claimants file a request for the Tribunal to decide on matters concerning participation of counsel.
February 10, 2023	The Respondent files observations on the Claimants' request of January 31, 2023.
February 23, 2023	The Tribunal issues Procedural Order No. 9 concerning participation of counsel.
December 22, 2023	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 22, 2023	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
February 27, 2024	The Secretary-General registers an application for annulment of the award filed by Peteris Pildegovics and SIA North Star and notifies the parties of the provisional stay of enforcement of the award.
April 8, 2024	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Lucinda A. Low (U.S.), President; Andrea K. Bjorklund (U.S.); and Maxi Scherer (German); all members appointed by the Chairman of the Administrative Council.
April 10, 2024	Peteris Pildegovics and SIA North Star file a request to continue the stay of enforcement of the award.
April 19, 2024	The Kingdom of Norway files observations on Peteris Pildegovics and SIA North Star’s request to continue the stay of enforcement of the award.
April 26, 2024	Peteris Pildegovics and SIA North Star file a response to the Kingdom of Norway’s observations of April 19, 2024.
May 1, 2024	The Kingdom of Norway files further observations on Peteris Pildegovics and SIA North Star’s request to continue the stay of enforcement of the award.
May 17, 2024	The proceeding is suspended for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 16(2)(b).
September 16, 2024	The proceeding is resumed following payment of the required advances.
October 22, 2024	The ad hoc Committee holds a first session by video conference.
November 7, 2024	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
November 8, 2024	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
November 8, 2024	The Kingdom of Norway files a request for security for costs.
November 19, 2024	Peteris Pildegovics and SIA North Star file observations on the Kingdom of Norway’s request for security for costs.